Divorce and Child Custody in Atlanta

When there are children in a divorce there is much more expected of them than when there are no children. Further, the parents must not be selfish but look at what is best for the child(ren). Therefore, it is important to become acquainted with terms used when dealing with children in a divorce. 

A parenting plan is part of the final divorce decree; it looks at custody issues. The plan basically details parenting times including normal visitation periods and a holiday schedule. It accounts for each day of the year.

There are two types of custody sole custody and joint custody and each includes legal and physical custody. Legal custody is the decision making regarding the child(ren), while physical is the parenting or living arrangements for the child(ren).  The judge decides on what type of custody to award parents based on what is in the best interests of the child(ren). 

This means that both legal and physical custody of the child(ren) is awarded to one parent. Thus that parent has all custodial rights to the child(ren) and the other parent has no rights. However, this does not take away the other parent’s obligations, such as child support. 

There are two types of joint custody:

Joint legal custody – this is where both parents share in the decision making about the child(ren). There are four areas of decision making that are to be made jointly or together:

However, though both parents have equal rights to the decisions governing the child(ren), there is one parent who is awarded the final decision making authority and this lies with the parent with primary physical custody. That being said, the parent with the final decision making authority must consult the other parent before making any major decisions. This type of custody is the norm in Atlanta.

Joint physical custody – this is an arrangement where the parents share equal or nearly equal parenting time. It is not a common award by the courts and can only be accomplished by agreement between the parents. Typically judges assign one parent sole custody. 

This means changing the initial custody award. The parent without sole custody must prove to the court that the other parent is no longer able to retain custody or conditions regarding the child or parent have changed in such a way that the welfare of the child would be enhanced by modifying the original custody award. It is important that the party without sole custody must prove without a doubt that there has been a change that warrants modification. There is no time restriction for filing for modification.

This happens if there is a change in custody or large change in either parent’s income or finances. This change can only be made by court order. Child support takes into account many factor to do with income and expenditure for modification of child support in Atlanta it is advisable to contact attorneys who specialize in child support.